A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On April 27, 2009, the Defendant was issued a summary order of KRW 700,000 by the Seoul Central District Court to a fine of KRW 100,000 for a violation of Road Traffic Act, and a summary order of KRW 4 million for a violation of Road Traffic Act at the Seoul Southern District Court on October 1, 2014.

【Criminal facts” around 08:02 on June 30, 2018, the Defendant driven a vehicle with alcohol content of approximately 0.083% 0.083% during blood while under the influence of alcohol on the roads of the Seoul Seongbuk-gu Yung 2-dong Office, Seongbuk-gu, Seoul, from around 2km to the roads before the police box of 173 Yung-dong, Seongbuk-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) applicable to the facts constituting an offense, the choice of punishment for imprisonment, and the choice of punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has already been punished two times or more by drinking driving, and if the defendant got to drive the drinking of this case, in light of the situation where the defendant was locked in the signal atmosphere and the situation where the control was over the vehicle in the signal atmosphere, the defendant is also likely to have a high risk at the time of driving, and the defendant is to choose imprisonment with prison labor.

However, the defendant did not involve a separate traffic accident, and the first one between the driving before drinking is about 10 years, the defendant's driving before drinking is a substitute engineer or fee, there are reasons to consider the situation that the substitute engineer who caused the loss in time has been driving on the wind, the amount of alcohol concentration in the blood of the defendant is not relatively high, and the defendant's mistake is divided and reflected.